Recieve doc to sign for consent of executor

[Milan]

My friend who lives in California, has recieved a lawyer's document to sign (state of Illinois). It says according to law: I.C. 29-1-7.5-1 seq and also consents to waives of bond posting. It allows her legal adoptive father's brother to be co-executor of his father's estate along with his elderly mother (they are both appointed personal represenatives July 14, 2000).
My friend is concerned that if she signs this it would mean that the executor can do what ever he wants in distributing the estate and she may be excluded from getting anything. It also says she can petition the court to have the court supervise the estate. What should she do to protect herself and recieve what is her part of the estate legally?

 

[illinoisestateplan.com]

I am an Illinois estates attorney. The section you quote does not look familiar to me. The section for waiver of bond is 755 ILCS 5/12-6 -- any code sections should look similar to that.

The waiver of bond is standard and is not a problem. As far as executors, I can't answer the question because I am not clear on the relationship of the parties and whether there is a will designating executors. If the term "executor" is accurate, then there is a will. The term "administrators" is used for intestate estates in Illinois.

Signing the waiver and/or approval of executor certainly does not mean they "can do anything". They will be legally bound to carry out the terms of the will, or if none, to distribute according to IL law. That being said, it is not uncommon at all for executors to both make errors and/or ignore terms of a will. I have represented many beneficiaries of Illinois probate estates, and almost without exception, executors make errors that require an expert to challenge.

It sounds as if the "executors" have elected indpendent administration. This simply means that there is less court filings and supervision. If she is concerned that the executors are not trustworthy, forcing independent admin. would help insure that things are done properly. However, it would cost more in attys fees and cut into her share if she is a residuary beneficiary.

I would first suggest she obtain a copy of the will from the probate court where the will was filed. I am not actually sure if they will mail one out or if you have to copy it in person.

If she is interested in finding out more and obtaining my services, she can check out my website at http://www.illinoisestateplan.com and call or e-mail me directly.